1. By way of this petition under Article 226/227 of the Constitution of India, the petitioners -Municipal Councilors of Himmatnagar Nagarpalika have prayed for an appropriate writ, order and/or directions quashing and setting aside the impugned judgement and order dtd.15/10/2009 passed by the appropriate authority under the Gujarat Provision For Disqualification of Members of Local Authorities For Defection Act, 1986 (hereinafter referred to as the Act for short) Commissioner of Information and Broadcasting, by which the respective petitioners are disqualified as Councilors of the Himmatnagar Nagarpalika under sec.3(1)(a) and 3(1)(b) of the Act. The respective petitioners have also challenged the provisions of Rule 10 of the Gujarat Provision For Disqualification of Members of Local Authorities For Defection Rules, 1987 (hereinafter referred to as the Rules for short) as inserted by the impugned notification dtd.13/2/2007 as ultra vires to provisions of Sec.8 of the Act.

2. Facts leading to the present Special Civil Application in nutshell are as under:-

3. All the petitioners are the Municipal Councilors of Himmatnagar Nagarpalika. The petitioners belong to National Po